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6. Resolution 11-14-17-03 Nielsen Wilkie Commercial Kennel IUP CITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 11-14-17-03 APPROVING AN INTERIM USE PERMIT AND VARIANCE FOR A COMMERCIAL KENNEL WHEREAS, Patricia A. Nielsen Wilkie, 21775 Manning Trail North, has made an application for an Interim Use Permit (IUP) to permit a Commercial Kennel on her parcel; and WHEREAS, the property is legally described as follows: PT NE1/4-NW1/4 BEING THAT PT LYING S OF N 990FT EXCEPT THAT PT LYING W OF CO RD 15 SUBJ TO EASE SECTION 18 TOWNSHIP 032 RANGE 020; and The Planning Commission reviewed the request at a duly noticed Public Hearing on November 2, 2017: and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does recommend approval of an Interim Use Permit to permit a Commercial Kennel at 21775 Manning Trail North, based on the following findings: 1. The proposed Commercial Kennel use is consistent with the goals and policies of the City’s Comprehensive Plan. 2. The proposed use is allowed with an Interim Use Permit in the General Rural District in which it is proposed. The Interim Use Permit will terminate with a change in ownership of the property or if the owner ceases to board, breed, train or offer dogs for sale for one year. 3. With the required conditions, the proposed project will not have negative impacts on the health, safety and general welfare of the occupants of surrounding lands. 4. With the required conditions, the proposed project is not expected to negatively affect uses on adjacent properties or substantially diminish and impair property values or scenic views. 5. The proposed use will not impede the development and improvement of surrounding properties for uses that are permitted in the zoning district. PC Resolution No. 11-14-17-03: Page 2 of 3 6. Adequate public services are available to accommodate the use. 7. The proposed use will meet the regulations and performance standards of the Development Code if it complies with the conditions recommended for approval. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. All Commercial Kennel activities, including activities related to the care, breeding, training, and sale of dogs shall occur within the existing home and fenced yard area identified on the site sketch. 2. The Commercial Kennel may house up to 40 dogs over 6 months of age and a maximum two (2) litters of puppies per year. 3. The applicant may use the on-site waste digester to compost solid waste materials generated by the dogs. The digester and any composted materials shall be located or placed at least 100 feet from wetlands, German Lake, and the private well on the property. 4. All solid waste materials from the animals that are not processed in the waste digester shall be disposed off-site and shall comply with the requirements of the licensed waste hauler for disposal. 5. The size, number, species, facilities for and location of animals kept on the property shall not constitute a danger or nuisance by means of odor, noise or other issues. 6. The Commercial Kennel shall comply with the City’s noise ordinance and Ordinance 166, regulating dogs. 7. The person(s) caring for any animals and operating the Commercial Kennel shall be of sufficient age, knowledge, and experience to adequately and safely care for and control the animals. 8. The facilities for the confinement or care of the animals, including the deck and fencing, shall be maintained in good repair. 9. The facilities for the confinement and care of the animals shall be of sufficient size to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition or debility, stress, or abnormal behavior patterns. 10. The facilities shall be cleaned as often as necessary to prevent contamination of the animals contained therein and to minimize disease hazards and reduce odors. PC Resolution No. 11-14-17-03: Page 3 of 3 11. Animals shall be provided wholesome, palatable food and water free from contamination and of sufficient quantity and nutritive value to maintain all animals in good health. 12. The city may inspect the Commercial Kennel annually to evaluate compliance with the IUP conditions, or more frequently if there is evidence of noncompliance. 13. The Commercial Kennel Interim Use shall terminate with a change in ownership of the property, or if the property owner ceases to board, breed, train, or offer dog for sale for one year. 14. The applicant shall pay all fees and escrows associated with this application. Adopted by the Scandia Planning Commission this 14th day of November, 2017. ______________________________ Dan Squyres, Chair ATTEST: _________________________________ Neil Soltis, Administrator/ Clerk